Shelby  County,  Indiana
Courthouse  Records

Last Will
of
Martin  Warner



                In the name of the benevolent Father of all, I  Martin Warner  of the County of Shelby and State of Indiana, Being of full age and sound mind and memory make and declare this as my last will and Testament.

                FIRST             I direct that at my decease my body be respectfully interred in a way corresponding with my estate.
               
                SECOND             I direct that all my debts including funeral expenses be paid from the first money coming to the hands of my executors.
               
                THIRD             Whereas I have already conveyed to my daughter  Estal Higgins  and her husband  J. M. Higgins  lands which lie in Bartholomew County and State of Indiana one hundred and forty five acres (be the same more or less) which was appraised by  J. C. Deacon  and   Christopher Girton at forty dollars per acre making five thousand and eight hundred dollars.

                FOURTH             I now devise and bequeath to my daughter Esta Higgins all the rents and profits arising from eighty acres of land, it being the west half of the North west quarter of section twenty-six Township No. eleven North of Range Six E in Shelby County and State of Indiana, during her natural life which is devised to the exclusive benefit of the said Esta Higgins and her children. It is expressly my intention that no one shall have any right to control the rents of the aforesaid lands except my daughter Esta Higgins or whomsoever she may direct only to the special benefit and support of her and to the special benefit and education of her children.            

                FIFTH             After the death of the said Esta Higgins I devise said tract of land in fee simple to the children of said Esta Higgins.            

                SIXTH             If all the children of said Esta Higgins should die without issue and after the death of said Esta Higgins I devise the rents of said lands to my surviving children. If they are dead then the fee simple of said lands shall descend to their children. This land having been appraised by the appraisers aforesaid at Fifty five dollars per acre being four thousand and four hundred dollars.

                SEVENTH             I also bequeath to my daughter Esta Higgens of money arising from my personal estate one thousand eight hundred dollars with the following conditions i.e.
                The Court shall appoint some suitable man as trustee who shall hold said money and shall loan it out at customary interest and pay the interest to and for the special benefit and maintainance of said Esta Higgens and especially also for the maintainance and education of her children.
                At the death of said Esta Higgens the principal and such interest as may be unpaid shall descend jointly to the children of said Esta Higgens, if any are living, if all are dead this money shall be disposed of and descend in like manner as provided in the lands bequeathed to said Esta Higgens.
                My intention is that the lands conveyed and the devises and bequests herein made to the said Esta Higgens shall amount to Twelve thousand dollars as per appraisement.              

                EIGHTH             I also devise and bequeath to my daughter  Sarah Porter  the rents and profits of the following tract of land It being the South east quarter of section Twenty seven Township No. Eleven North of Range six E in Shelby County and State of Indiana. The said Sarah Porter shall be entitled to all the benefit profits or rents of said farm for her benefit and support and especially for the maintainance and education of her children.
                At the death of said Sarah Porter I devise the said lands to the children of said Sarah Porter. If her children are all dead then the said land and the rents and profits shall descend in the same manner as provided in the bequest made to Esta Higgins.
                I intend and direct that if the husband of said Sarah Porter, C.A. Porter will improve said land with buildings and otherwise he said C.A. Porter shall have the rents and use of said lands as long as he lives and that if the said Sarah Porter die before the said C.A. Porter, and said C.A., Porter will still continue to maintain support and educate the children of said Sarah Porter during their minority, The said C.A. Porter may still have the use of said farm after the children have passed their minority up to the time of his death at which time the aforesaid land shall descend to the children of said Sarah Porter. In case that all the children of said Sarah Porter die without issue and after the death of said Sarah Porter, and after the death of C.A. Porter, I devise this land to my surviving children or their children as provided for in the case of Esta Higgens.
                The whole amount of this bequest is to amount to Twelve thousand dollars as per appraisement.

                NINTH             I also direct and bequeath to my daughter  Sonora V. Nading  the rent profits and use of the following tract of land It being the south west quarter of Section No. twenty six in Township No Eleven North of Range Six E in Shelby county and State of Indiana.
                The use and rents as aforesaid shall belong jointly to Sonora V. Nading and her husband  John Nading, should my daughter S.V. Nading have any children so much as may be necessary of the rents as aforesaid of this land shall be used for the support of  S.V. Nading and for the maintainance and education of her children as may be amply necessary.  In case of the financial embarrassment of said John Nading.  The provisions made for them jointly in this will shall belong exclusively to said S.V. Nading.  In case that said S.V. Nading die before her husband, John Nading the said John Nading shall still be entitled to the use and rents of said farm as long as he lives provided that if said S.V. Nading leave children.  So much as may be amply necessary of said rents shall be used and applied to the maintainance support and education of said children.
                If the said John Nading should die before said S.V. Nading all the bequests and devises made to them jointly shall belong exclusively to said S.V. Nading and at her death  I devise said land to her children if there are any living, if there are none then I devise the rents and profits of said land to my surviving children if any are living if none are living then I devise said land to my surviving Grand Children.  This land was also appraised by the appraisers aforesaid at Twenty five dollars per acre amounting to Twelve thousand dollars making said S.V. Nading and her husband John Nading equal with Esta Higgens and Sarah Porter.              

                TENTH             I also devise and bequeath to my Grandson  Walter Walker  Eighty acres of land on condition named hereafter in this will.--- The land being the East half of the South west quarter of Section No. Thirty in Township No. Eleven North of Range No. six E in Shelby county and state of Indiana.
                The said Walter Walker shall not have the right to sell said land until he shall arrive at the age of Twenty five years. And if the said Walter Walker should not become the father of a legitimate child or children he shall not have the right to sell said land at any time.  But at his death the rents and profits of said land shall descend to and vest in my three children named in this will if living or to the survivors of them.  If they are not living or upon their death I devise said land to my Grandchildren in fee simple.  If the said Walter Walker should become the Father of a legitimate child or children this land after the death of said Walter Walker shall descend to his children providing said Walter Walker may not have sold said land after he may have arrived at the age of Twenty five years.
                The Court shall appoint a suitable person as Guardian for said Walter Walker and the rents and profits of said land shall be applied if the whole be necessary to the support maintainance and education of said Walter Walker excepting so much of said rents as will be necessary to keep the farm in repair and pay taxes therein.
                It is to be understood that said Guardian shall give special attention to the education of said Walter Walker. If the maintainance and education of said Walter Walker should not require all the rents and profits of said land the remainder shall be loaned out at interest and paid over to said Walter Walker after he shall arrive to the age of twenty one years.             

                ELEVENTH             I also direct and bequeath to the said Walter Walker in money arising from my estate one thousand dollars on the following condition, said Walter Walker shall not be entitled to said money untill after my death.  In case that I die before the said Water Walker shall arrive to the age of Twenty one years of age, And if it should be desirable to said Walter Walker to use in addition to said rents of said lands the interest of this one thousand dollars the more fully to complete his education the same shall be used for said purpose.  If the said Walter Walker should be married when he arrives at the age of Twenty one years he shall then be entitled to the principal and unapplied portion of interest of said one Thousand dollars.  If said Walter Walker should be unmarried when he shall arrive to the age of twenty one years he shall be entitled to said one thousand dollars and unpaid interest upon the day of his marriage.  But if the said Walter Walker is not married when he shall arrive at the age of twenty five years he shall be entitled to said one thousand dollars and unapplied interest though he may be unmarried.

                TWELVETH             If my children should all be dead the property therein devised and bequeathed shall go to my Grand Children in equal proportion so that each seperate set or class of children shall be entitled collectively to the amount their mothers would have been entitled to if they had survived.              

                THIRTEENTH             I also devise and bequeath to my affectionate wife  Amanda Warner  during her life the rents profits and control of all that portion of land of which I am the owner at this time it being a part of the North half of the North west quarter of section No Thirty five in Township No Eleven North of Range Six E in Shelby county and State of Indiana containing about Seventy six acres be the same more or less.  This bequest shall also include all the lots of which I am the owner at this time in the  Town of Flat Rock in said county.  They being formerly a part and parcel of said tract of land.  This land and lots are estimated to be worth Eight thousand dollars.
                Should I by the consent of my wife Amanda Warner sell this tract of land and lots while I live the said Amanda Warner shall be entitled to the interest of the money arising from said sale. The said Amanda Warner may sell and convey said land and lots after my death by proper deeds of conveyance and without an order from Court and be entitled to all the interest arising from the principle of such sale subject to said trusteeship.         

                FOURTEENTH             After the death of myself and wife this land and lots shall be sold if unsold at that time and the money arising from said sale shall descend to my three children now living or their children and to be governed by the same rules as and provided for herein as to the devises and bequeaths made to them elsewhere in this will.
                I also bequeath to my wife Amanda Warner Two Thousand dollars being money she inherited from her Fathers estate which has become consolidated with my property. This amount of two thousand dollars is bequeathed to my wife Amanda Warner without any restrictions whatever.  She has the right to bequeath or give the same to whom she may wish or desire.           

                FIFTEENTH             I also bequeath to my wife Amanda Warner the interest or use of Four thousand dollars from my personal estate. To the interest of this Four thousand dollars she shall be entitled while she lives which shall be placed in the hands of a Trustee and be under the same rule and restriction as the money bequeathed to my children.
                At the death of my wife Amanda Warner the principal and unpaid portion of interest of the whole amount bequeathed to her in this will except the two thousand dollars heretofore named shall descend and vest in my children or to their children and in the hands of said Trustee shall be under the same rules restrictions and conditions as the money herein bequeathed t them.

                SIXTEENTH             I also direct that if the Methodist Episcopal Church North or the M. E. Church South will build a church within one half mile of Flat Rock Station on the Columbus and Rushville Rail Road in said county and said Church building is considered worth two thousand and five hundred dollars when finished, Then I bequeath to be paid out of my personal estate for the erection of said building the sum of one thousand dollars, said one thousand dollars nor any portion thereof shall not be paid untill said house is finished.  Said Church house must be finished in five years from the first day of March 1873 or loose the benefit of this provision.  If either branch of said church shall commence said building and get the foundation laid for said building with a view of being benefited by this provision, The other branch can not subsequently commence and realize the benefit of this provision unless that the party commencing first shall fail to have their building finished at the end of Five years as aforesaid.
                Neither party however shall be entitled to this provision if said building is unfinished at the end of Five years as aforesaid.

                SEVENTEENTH             I also bequeath to my brother John L. Warner after my death if he should survive me the use or interest of one thousand dollars said interest shall be paid to him annually while he lives.  After his death the principle of said one thousand dollars shall revert to my estate in like manner as the other provisions in this will.

                EIGHTEENTH             I also direct that when all the bequests of this will are filled that if there be any money or property of any kind left or any of the bequests fall back, The same shall be turned into money and shall be equally divided between my wife Amanda Warner and my three children and my Grand Son Walter Walker, making five shares. If either of the five be dead then to the survivors and their children if any are living as provided for them elsewhere in this will.
                These shares what ever they may be are subject in the hands of said Trustee to the same rules as the money bequeathed to them elsewhere in this will.

                 NINETEENTH             I constitute and appoint my brother George Warner and my wife Amanda Warner the executors of this my last will and testament
               Witness my hand and Seal this 4th day of May 1872.
Signed Martin Warner (SEAL)

               Signed published and declared by the said Martin Warner as his last will and testament in our presence and in testimony whereof we have hereunto subscribed our names as witnesses in his presence and in the presence of each other.
Christopher Girton     George Warner     John C. Deacon        

               

                TWENTYETH             I  Amanda Warner  wife of  Martin Warner  the testator of the foregoing will having made myself thoroughly acquainted with all the provisions of the foregoing will of my said husband, do fully approve of said will and acquiesce in all its provisions and join in the same with my signature in presence of these witnesses the day and date above written.
Amanda Warner

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State of Indiana
Shelby County SS
                Be it remembered that on the 22d day of August 1872 George Warner and John C. Deacon two of the subscribing witnesses to the within and foregoing last Will and Testament of Martin Warner late of said County deceased. Personally appeared before John Elliott Clerk of the Court of Common Pleas of Shelby County in the State of Indiana and being duly sworn by the Clerk of said Court, upon their oath declared and testified as follows, that is to say: That on the fourth day of May A.D. 1872 they saw the said Martin Warner sign his name to said instrument in writing as and for his last will and testament and that these deponents at the same time heard the said Martin Warner declare the said instrument in writing to be his last will and testament, and that the said instrument in writing was at the same time at the request of the said Martin Warner and with his consent attested and subscribed by the said Christopher Girton, George Warner and John C. Deacon in the presence of said testator and in the presence of each other as subscribing witnesses thereto and that the said Testator (Viz. Martin Warner) was at the time of the signing and subscribing of said instrument in writing as aforesaid, of full age (that is more than twenty one years of age) and of sound and disposing mind and memory, and not under any coercion or restraint, as the said deponents verily believes and further deponents says not.
                                                        George Warner           John C. Deacon

                Sworn to and subscribed by the said Deponents before me, John Elliott Clerk of said Court, at Shelbyville the 22d day if August 1872

                In attestation whereof, I have hereunto subscribed my name and affixed the seal of said Court.
                                    John Elliott     Clerk

State of Indiana
Shelby County SS
                I John Elliott Clerk of the Court of Common Pleas of Shelby County Indiana do hereby certify that the within annexed will and Testament of Martin Warner has been duly admitted to Probate and duly proved by the testimony of George Warner and John C. Deacon two of the subscribing witnesses thereto, that a complete record of said Will, and of the testimony of the said George Warner and John C. Deacon in proof thereof has been by me duly made and recorded in Book No. 1 at pages 344 to 350 of the Records of Wills of said County.
                In attestation whereof I have hereunto subscribed my name and affixed the Seal of said Court at Shelbyville the 22d day of August 1872.
John Elliott     Clerk of Common Pleas Shelby County     (SEAL)  
Contributed by Barb Huff

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